Section 1: Title, extent and commencement

Introduction of the Section 1

Section 1 of the Guardians and Wards Act, 1890, outlines the title, extent, and commencement of the Act. This section provides basic details regarding the applicability and enforcement of the law.

Text of Section 1

(1) This Act may be called the Guardians and Wards Act, 1890.
(2) It extends to the whole of India
1***,
2***
3***
(3) It shall come into force on the first day of July, 1890.

1. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019).
2. The words “inclusive of British Baluchistan” rep by A.O. 1948.
3. The word “and” omitted by Act 40 of 1949, s. 3 and the Second Schedule.

Simplified Explanation

Overview

Section 1 of the Guardians and Wards Act, 1890, serves as the foundational starting point for understanding the scope and applicability of the law. It sets out the official title of the Act, specifies where the law applies, and mentions the date when it came into effect.

Key Points of Section 1

1. Title of the Act: The law is officially referred to as the “Guardians and Wards Act, 1890.”
2. Extent of Application: The law applies to the whole of India, except for Jammu and Kashmir (as updated by the amendment in 2019).
3. Commencement: The Act came into force on July 1, 1890.

Purpose and Scope

The purpose of Section 1 is to officially designate the law, clarify its geographical application, and mark its commencement. It ensures that the legal provisions under the Act apply across India (excluding Jammu and Kashmir, following recent amendments) and that individuals and legal entities can rely on its enforcement from the given start date.

Practical Impact

The impact of Section 1 is straightforward but essential for establishing the legal framework:

• By defining the title, it ensures that the Guardians and Wards Act is known by this name in all legal proceedings.
• By stating the extent, it ensures that the provisions of the Act apply to all regions of India, thus ensuring uniformity across states.
• The commencement clause ensures that the law had a clear starting point for its enforcement, with the date of July 1, 1890, being critical for all judicial and administrative actions under the Act.

Examples:

1. Example 1: A guardian appointed under this Act in a case from Uttar Pradesh can be assured that the provisions of the Guardians and Wards Act apply uniformly throughout India, based on the extension clause of Section 1.
2. Example 2: A legal practitioner in 2019 referencing the Guardians and Wards Act can be certain that Jammu and Kashmir is no longer excluded from the application of this Act, thanks to the amendment.
3. Example 3: A court, referring to the Guardians and Wards Act during a case on child custody in 1890, would know that the Act became enforceable from July 1, 1890, marking the point at which the law took effect.

Conclusion

Section 1 of the Guardians and Wards Act, 1890, plays a crucial role in setting the groundwork for the entire Act. By establishing its title, scope, and the date of commencement, it provides clarity regarding its application and enforcement. This foundational section ensures that the law can be uniformly applied across the country, starting from its commencement in 1890 and later amendments like the inclusion of Jammu and Kashmir.